QUESTION 1: May a judicial candidate ethically list in
political advertising the endorsement of special interests groups with an obvious
political agenda, such as Texans Against Drunk Driving, Texans for Tort Reform, Texas
Prosecutors Association, Texas Peace Officers Association, Texans for Law Enforcement,
Pro-Life Texans, or Texans for Choice?

1. A judge or judicial candidate shall not make statements that indicate an opinion on any
issue that may be subject to judicial interpretation by the office which is being sought
or held.

2. A judge or judicial candidate shall not make pledges or promises of conduct in office
other than faithful and impartial performance of judicial duties.

It is obvious that the endorsing organizations have made strong political statements. The
judge or candidate by listing the organizations has made no statement indicating an
opinion on an area subject to judicial interpretation. The only statement the candidate is
making is that these groups endorse him/her.

QUESTION 2: May a judicial candidate advertise or state a
position on abortion, i.e. "I am the pro-choice/pro-life candidate"?

ANSWER: No, a judicial candidate may not make a statement on
abortion.

A judge or candidate may not make a statement declaring that he/she is pro-life or
pro-choice, based on Canon 5 paraphrased above. The judge or candidate is clearly making a
statement that indicates an opinion on an issue possibly subject to judicial
interpretation. Further, there is a strong implication of a promise of particular conduct
in office other that the faithful performance of official duties.